Southern California tribes call for repeal of P.L. 280

Todd Krainin

Soboba Chairman Robert J. Salgado

Tools

Southern California tribes call for repeal of P.L. 280

By Victor Morales, Today correspondent

SAN JACINTO, Calif. – After more than 50 years in effect, southern California Indian tribes are saying it’s time to repeal a law that gives jurisdiction of criminal offenses in some reservations to the state.

The who’s who of the region’s Indian country gathered Aug. 11 at the Soboba Band of Luiseno Indians reservation to denounce Public Law 280, which they say is a “throwback” to a different era and nowadays archaic in a new day for American Indians.

The open forum attended by an estimated 200, including a couple dozen tribal leaders, follows a string of violence between tribal members and Riverside County sheriff’s deputies that left five Sobobas dead within a six-month span at or near the 6,000-acre Soboba reservation. Soboba Chairman Robert J. Salgado and Riverside County Sheriff Stanley Sniff signed a somewhat tenuous agreement in July intended to decrease tension and improve cooperation. In addition, the sheriff’s department has hired a tribal liaison.

But clearly, the rancor over the law has not lessened in the region, where some 25 Indian tribes live in an alpine, grassland and desert topography. And the acrimony now appears to have intensified, as many if not most the region’s tribes showed up to not only support the Soboba but to collectively call for the retrocession of criminal jurisdiction back to reservations.

“Understand we respect the law. We don’t think we are above the law, but we also have rights in Indian country. That’s what we stand up for,” Salgado said in his opening remarks to a large audience that packed a conference hall.

He said during the forum’s intermission he had felt that the lead to repeal the law fell on him in the wake of the killings on the reservation he has represented for 30 years. And he urged tribal leaders to vent their frustrations, experiences and proposals on P.L. 280 in a candid question and answer session: “But, for once, tell the truth about how you feel about Public Law 280. This is time that we come together as tribal people and tribal leaders to express yourself; and don’t hold anything back, because that’s what we are all about.”

The media was not allowed in that session, but one tribal official who was present and requested anonymity said tribal leaders chastised themselves for waiting until the killings to act against the long-despised law. They also expressed regret on how quietly the law passed in 1953, the official said.

Still, some vented even before the closed-door session. National Indian Justice Center Executive Director Joseph Myers, Pomo of Santa Rosa, reflected on how the law resulted in long-lasting impressions of cultural insensitivity: At 13, he and his 80-year-old grandfather encountered a state game warden on the banks of creek while fishing salmon. The warden broke his grandfather’s traditional spear that he had labored to craft, he said.

“[The warden] could have said, ‘Joe, this is a new day and there is no more fishing in the traditional way.’ He didn’t do that: he just did an act of violence and broke the work of my grandfather against his knee,” Myers said.

During the public session, leading Public Law 280 legal scholar Carole E. Goldberg of the University of California – Los Angeles discussed highlights of her nationwide study on law enforcement under P.L. 280. Among the most important, she said, was the disparity in performance views of law enforcement in reservations that have P.L. 280 jurisdiction and those that don’t. Performance ratings by reservation residents and state and county peace officers were wide in P.L. 280 jurisdictions but less in those that are not subject to it.

“That suggested that it wasn’t the reservation residents in Public Law 280 jurisdictions who were out of line. It was the inflated view of their own performance by state and county law enforcement and criminal justice divisions,” she said.

Another key finding, she said, was reservation residents’ complaints of inconsistent service by state and county law enforcement and the detrimental impact it has.

“And because there is not a regular relationship, when state and county law enforcement do come on to the reservations, they tend to come on [in a] less respectful [and] heavy-handed way,” Goldberg said.

Former police officer Alex Tortes, the new tribal liaison for the Riverside sheriff’s department, is a member of the Torres-Martinez Band of Cahuilla Indians. He said he was on his fourth week on the job.

“My function is to work with the tribe to see what they have to say so we can work out some type of a solution,” he said.

Salgado, who met with Tortes in early August, said he was “very impressed” with him. “I felt from his heart he was the right man. ... But he is only the messenger. He can take all the messages back to the leader, but if the leader doesn’t have the heart then we are back to square one.”

Saturday, Nov 29 at 12:30 AM glenda wrote ...

pl.280 law does not make sense in california or any other state that allows it, although states have that right, its antiquated, the states should follow what has been simple in dealing with federal and state laws dealing with what other laws that Indians get involved with, its simple and allow tribes to take control of their tribal affairs and states should recognize the nation to nation tribal sovereignty with the United States! Sovereignty reigns, recognize it!

12916618 Inappropriate? Alert Us!

Monday, Nov 24 at 12:21 PM aj wrote ...

Repealing PL280 would allow for increased criminal activities without enforcement for the smaller tribes who constantly fire law enforcement officers when one of their own is arrested. People need to stand tall and do what is right for future generations regardless of what political family you belong to. The law is the law and should be respected. If Soboba wants to enforce their own laws fine, but don't throw it on the rest of us who can't afford it. Work it out. Good leadership makes change.

12740119 Inappropriate? Alert Us!

Add a comment

Name:

Comment: 500 Characters Left

By posting a comment, user agrees to all Terms Of Use. Comments may also appear in other website locations and in other Indian Country Today products, without notice and at the discretion of Indian Country Today.

Indian Country Today and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

On Demand